Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 5

Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 5

Acceptance of an Incompatible Office

-Nature and relation of the two offices to each other, they ought not to be held by one person from the contrariety and antagonism which would result

Acceptance of incompatible office ipso facto vacates the other. There is no necessity for any proceeding to declare or complete the vacation of the first.
Canonizado vs. Aguirre – no incompatibility; though accepted latter, he continued to pursue legal remedies to recover the first from which he was ousted by a law later to be declared unconstitutional.
Exception: when authorized by law to accept the other office.

Abolition of Office

Power of legislature to abolish an office – Congress; even during the term for which an existing incumbent may have been elected
Constitutional offices cannot be abolished
No law shall be passed reorganizing the Judiciary, when it undermines security of tenure
Valid abolition of office does not constitute removal of incumbent
Legal competence if the city council to create, consolidate and reorganize city offices and positions wholly supported by local funds
Requisite for Abolition of Office

(1) Made in good faith

(2) Clear intent to do away with the office

(3) Cannot be implemented in a manner contrary to law

-Constitutional recognition of authority to reorganize: promotion of simplicity, economy and efficiency is the usual standard.

No violation of due process even if no hearing was conducted in the matter of reorganization of DBP, as long as employee was given a chance to present evidence.
Removal of employees pursuant to guidelines in EO116, reorganization of Dept. of Agriculture

(1) Existence of case for summary dismissal

(2) Probable cause for violation of RA 3019

(3) Gross incompetence or inefficiency

(4) Misuse of public office for partisan political activities

(5) Analogous grounds showing that incumbent is unfit to remain in office

Reorganization must meet the common test of good faith.
PD1416: grants the President the continuing authority to reorganize the national government, which includes the power to group consolidate bureaus and agencies, to abolish offices, to transfer functions, to classify and create functions, services and activities and to standardize salaries and materials.

Prescription of the Right to Office

Petition for reinstatement after illegal ouster or dismissal OR recovery of public office – w/in 1 year from the date petitioner is illegally ousted.

1. Exception: strong, compelling and special circumstances

2. Cristobal vs. Melchor: on grounds of equity

Reason: title to public office should not be subject to continued uncertainty; should be determined as speedily as possible.
Filing of an action for administrative remedy does NOT suspend the period for filing the appropriate judicial proceeding (quo warranto); 1 year period runs even during pendency of a motion for reconsideration.

Impeachment

Death

Failure to Assume Elective Office w/in 6 months from proclamation

Conviction of a Crime

Penalty imposed upon conviction carries with it the accessory penalty of disqualification, conviction by final judgment automatically terminates official relationship.
Plenary pardon extinguished the accessory penalty of disqualification, it will not restore the public office to the officer convicted;
He must be given a new appointment.

Filing of Certificate of Candidacy

Any person holding a public appointive office or position,
Including active members of the AFP
And officers and employees in GOCCs
Shall be considered ipso facto RESIGNED upon filing of certificate of candidacy.
Applies even to employees of GOCCs without an original charter